Attached files
file | filename |
---|---|
EX-32.2 - EXHIBIT 32.2 - MLM INDEX FUND | ex32_2.htm |
EX-31.1 - EXHIBIT 31.1 - MLM INDEX FUND | ex31_1.htm |
EX-31.2 - EXHIBIT 31.2 - MLM INDEX FUND | ex31_2.htm |
EX-32.1 - EXHIBIT 32.1 - MLM INDEX FUND | ex32_1.htm |
UNITED
STATES
SECURITIES
AND EXCHANGE COMMISSION
WASHINGTON,
D.C. 20549
FORM
10-Q
x Quarterly report
pursuant to Section 13 or 15(d) of the Securities
Exchange
Act of 1934
For the
quarterly period ended September 30, 2009
or
o Transition report
pursuant to Section 13 or 15(d) of the Securities
Exchange
Act of 1934
For the
transition period from ____________ to _____________
COMMISSION
FILE NUMBER 0-49767
MLM
INDEX™ FUND
DELAWARE
|
Unleveraged
Series: 22-2897229
|
|
Leveraged
Series: 22-3722683
|
||
Commodity
Unleveraged Series: 20-8806944
|
(State
or other jurisdiction of incorporation or organization)
|
(IRS
Employer Identification Number)
|
405 South
State Street, Newtown, PA
18940
(267)
359-3500
changed
since last report)
Indicate
by check mark whether the registrant (1) has filed all reports required
to be filed by Section 13 or 15(d) of the Securities Exchange Act of
1934
during the preceding 12 months, and (2) has been subject to such
filingrequirements
for the past 90 days.
Yes T No o
Indicate
by check mark whether the registrant has submitted electronically and posted on
its corporate Web site, if any, every Interactive Data File required to be
submitted and posted pursuant to Rule 405 of Regulation S-T during the preceding
12 months (or for such shorter period that the registrant was required to submit
and post such files).
Yes o No o
Indicate
by check mark whether the registrant is a large accelerated filer, an
accelerated filer, a non-accelerated filer or a smaller reporting company. See
definition of “accelerated filer,” “large accelerated filer,” and “smaller
reporting company” “ in Rule 12-b-2 of the Exchange Act. (Check
One):
Large
Accelerated Filer o
Accelerated Filer o
Non-Accelerated Filer x Smaller Reporting
Company o
Indicate
by check mark whether the registrant is a shell company (as defined in Rule
12-b-2 of the Exchange Act).
Yes o
No T
MLM Index™ Fund
Index
to FORM 10-Q
September
30, 2009
PART
I – FINANCIAL INFORMATION
|
||||
Item
1
|
Page Number
|
|||
4
|
||||
5
|
||||
6 | ||||
7
|
||||
9
|
||||
10
|
||||
Item
2
|
18
|
|||
Item
3
|
22
|
|||
Item
4
|
24
|
|||
PART
II – OTHER INFORMATION
|
||||
Item
1
|
24
|
|||
Item
1A
|
24
|
|||
Item
2
|
25
|
|||
Item
3
|
25
|
|||
Item
4
|
25
|
|||
Item
5
|
25
|
|||
Item
6
|
26
|
Item 1.
|
Financial
Statements.
|
MLM Index™ Fund
Condensed
Statements of Financial Condition
As
of September 30, 2009 (Unaudited) and December 31, 2008
(Audited)
September
30,
|
December
31,
|
|||||||
2009
|
2008
|
|||||||
Assets
|
||||||||
Cash
and cash equivalents
|
$ | 87,414,434 | $ | 98,799,819 | ||||
Due
from broker
|
27,792,176 | 34,554,803 | ||||||
Net
unrealized gain on open futures contracts, at fair value
|
5,523,240 | 6,190,476 | ||||||
Interest
receivable
|
14,982 | 65,278 | ||||||
Other
assets
|
- | 28 | ||||||
Total
assets
|
$ | 120,744,832 | $ | 139,610,404 | ||||
Liabilities
and investors’ interest
|
||||||||
Redemptions
payable
|
$ | 1,110,180 | $ | 2,881,096 | ||||
Brokerage
commissions payable
|
73,961 | 88,976 | ||||||
Management
fee payable
|
91,358 | 103,234 | ||||||
Accrued
expenses
|
71,076 | 340,364 | ||||||
Total
liabilities
|
1,346,575 | 3,413,670 | ||||||
Investors’
interest
|
119,398,257 | 136,196,734 | ||||||
Total
liabilities and investors’ interest
|
$ | 120,744,832 | $ | 139,610,404 |
See
Notes to Unaudited Condensed Financial Statements.
MLM Index™ Fund
Condensed
Schedules of Investments
As
of September 30, 2009 (Unaudited) and December 31, 2008 (Audited)
September
30, 2009 (Unaudited)
|
Unrealized
|
Percentage
of
|
||||||||||
Number
of
|
appreciation/
|
investors'
|
||||||||||
Security
Description
|
contracts
|
(depreciation)
|
Interest
|
|||||||||
Futures*
|
||||||||||||
Long
futures contracts
|
||||||||||||
Financial
|
1,114 | $ | 3,414,073 | 2.86 | % | |||||||
Commodity
|
239 | (89,743 | ) | -0.08 | ||||||||
1,353 | 3,324,330 | 2.78 | ||||||||||
Short
futures contracts
|
||||||||||||
Commodity
|
218 | 2,198,910 | 1.84 | |||||||||
218 | 2,198,910 | 1.84 | ||||||||||
Net
unrealized gain on open futures contracts, at fair value
|
$ | 5,523,240 | 4.62 | % | ||||||||
*Derivatives
not designated as hedging instruments under ASC 815-10 ”Derivatives and
Hedging”
|
Unrealized
|
Percentage
of
|
|||||||||||
December
31, 2008 (Audited)
|
Number
of
|
appreciation
|
investors'
|
|||||||||
Security
Description
|
contracts
|
(depreciation)
|
Interest
|
|||||||||
Futures*
|
||||||||||||
Long
futures contracts
|
||||||||||||
Financial
|
720 | $ | 6,039,956 | 4.44 | % | |||||||
720 | 6,039,956 | 4.44 | % | |||||||||
Short
futures contracts
|
||||||||||||
Financial
|
698 | (3,493,494 | ) | (2.57 | ) | |||||||
Commodity
|
1,872 | 3,644,014 | 2.68 | |||||||||
2,570 | 150,520 | 0.11 | ||||||||||
Net
unrealized gain on open futures contracts, at fair value
|
$ | 6,190,476 | 4.55 | % | ||||||||
* Derivatives not designated as
hedging instruments under ASC 815-10 ”Derivatives and
Hedging”
|
See
Notes to Unaudited Condensed Financial Statements.
MLM Index™ Fund
Unaudited
Condensed Statements of Operations
For
the three months ended September 30, 2009
|
For
the three months ended September 30, 2008
|
For
the nine months ended September 30, 2009
|
For
the nine months ended September 30, 2008
|
|||||||||||||
Investment
income
|
||||||||||||||||
Interest
|
$ | 43,620 | $ | 780,377 | $ | 143,917 | $ | 2,489,768 | ||||||||
Expenses
|
||||||||||||||||
Brokerage
commissions
|
222,307 | 237,970 | 729,067 | 732,273 | ||||||||||||
Management
fee
|
265,793 | 273,416 | 865,917 | 829,846 | ||||||||||||
Operating
expenses
|
164,162 | 213,372 | 507,006 | 649,965 | ||||||||||||
Total
expenses
|
652,262 | 724,758 | 2,101,990 | 2,212,084 | ||||||||||||
Net
investment income (loss)
|
(608,642 | ) | 55,619 | (1,958,073 | ) | 277,684 | ||||||||||
Realized
and unrealized gain (loss) on investments
|
||||||||||||||||
Net
realized gain (loss) on investments
|
2,551,617 | (14,316,615 | ) | (5,796,940 | ) | (4,162,725 | ) | |||||||||
Net
change in unrealized appreciation (depreciation) on
investments
|
5,611,932 | 1,594,613 | (634,507 | ) | 2,330,470 | |||||||||||
Net
realized and unrealized gain (loss) on investments
|
8,163,549 | (12,722,002 | ) | (6,431,447 | ) | (1,832,255 | ) | |||||||||
Net
income (loss)
|
$ | 7,554,907 | $ | (12,666,383 | ) | $ | (8,389,520 | ) | $ | (1,554,571 | ) |
See
Notes to Unaudited Condensed Financial Statements.
MLM Index™ Fund
Unaudited
Condensed Statement of Changes in Investors’ Interest
For
the nine months ended September 30, 2009
Leveraged
Series
|
Unleveraged
Series
|
Commodity
L/S Unleveraged Series
|
||||||||||||||||||||||||||||||||||||||||||||||
Class
A Shares
|
Class
B Shares
|
Class
C Shares
|
Class
D Shares
|
Total
Leveraged Series
|
Class
A Shares
|
Class
B Shares
|
Class
C Shares
|
Class
D Shares
|
Total
Unleveraged Series
|
Class
D Shares
|
Total
Investors’ Interest
|
|||||||||||||||||||||||||||||||||||||
Investors’
interest at December 31, 2008
|
$ | 6,903,329 | $ | 13,796,085 | $ | 1,327 | $ | 31,281,480 | $ | 51,982,221 | $ | 4,293,290 | $ | 12,404,908 | $ | 1,320 | $ | 67,514,995 | $ | 84,214,513 | $ | - | $ | 136,196,734 | ||||||||||||||||||||||||
Subscriptions
|
55,000 | 576,405 | - | 5,685,000 | 6,316,405 | - | 433,050 | - | 3,240,000 | 3,673,050 | 3,000,000 | 12,989,455 | ||||||||||||||||||||||||||||||||||||
Redemptions
|
(1,089,631 | ) | (1,267,744 | ) | - | (3,422,845 | ) | (5,780,220 | ) | (35,000 | ) | (3,497,102 | ) | - | (12,086,090 | ) | (15,618,192 | ) | - | (21,398,412 | ) | |||||||||||||||||||||||||||
Transfers
|
- | (5,055 | ) | - | 536,934 | 531,879 | - | 5,055 | - | (536,934 | ) | (531,879 | ) | - | - | |||||||||||||||||||||||||||||||||
Net
gain (loss)
|
(769,174 | ) | (1,525,902 | ) | (147 | ) | (3,371,707 | ) | (5,666,930 | ) | (193,759 | ) | (404,604 | ) | (50 | ) | (2,331,237 | ) | (2,929,650 | ) | 207,060 | (8,389,520 | ) | |||||||||||||||||||||||||
Investors’
interest at Septemeber30, 2009
|
$ | 5,099,524 | $ | 11,573,789 | $ | 1,180 | $ | 30,708,862 | $ | 47,383,355 | $ | 4,064,531 | $ | 8,941,307 | $ | 1,270 | $ | 55,800,734 | $ | 68,807,842 | $ | 3,207,060 | $ | 119,398,257 | ||||||||||||||||||||||||
Shares
at December 31, 2008
|
65,670 | 114,555 | 14 | 257,908 | 35,898 | 93,951 | 11 | 572,449 | - | |||||||||||||||||||||||||||||||||||||||
Subscriptions
|
663 | 5,272 | 50,305 | - | 3,381 | - | 28,514 | 30,000 | ||||||||||||||||||||||||||||||||||||||||
Redemptions
|
(11,116 | ) | (11,639 | ) |
─
|
(30,651 | ) | (318 | ) | (27,007 | ) | - | (106,140 | ) | - | |||||||||||||||||||||||||||||||||
Transfers
|
- | (43 | ) |
─
|
5,513 | - | 39 | - | (4,885 | ) | - | |||||||||||||||||||||||||||||||||||||
Shares
at September 30, 2009
|
55,217 | 108,145 | 14 | 283,075 | 35,580 | 70,363 | 11 | 489,938 | 30,000 | |||||||||||||||||||||||||||||||||||||||
Net
asset value per share: September 30, 2009
|
$ | 92.35 | $ | 107.02 | $ | 87.43 | $ | 108.48 | $ | 114.24 | $ | 127.07 | $ | 115.45 | $ | 113.89 | $ | 106.90 |
See
Notes to Unaudited Condensed Financial Statements.
MLM
Index™ Fund
Unaudited
Condensed Statement of Changes in Investors’ Interest
For
the nine months ended September 30, 2008
Leveraged
Series
|
Unleveraged
Series
|
|||||||||||||||||||||||||||||||||||||||||||
Class
A Shares
|
Class
B Shares
|
Class
C Shares
|
Class
D Shares
|
Total
Leveraged Series
|
Class
A Shares
|
Class
B Shares
|
Class
C Shares
|
Class
D Shares
|
Total
Unleveraged Series
|
Total
Investors’ Interest
|
||||||||||||||||||||||||||||||||||
Investors’
interest at December 31, 2007
|
$ | 7,227,407 | $ | 15,754,642 | $ | 981 | $ | 15,463,453 | $ | 38,446,483 | $ | 4,770,141 | $ | 13,224,027 | $ | 1,168 | $ | 60,943,912 | $ | 78,939,248 | $ | 117,385,731 | ||||||||||||||||||||||
Subscriptions
|
367,155 | 906,232 | − | 8,235,000 | 9,508,387 | 19,900 | 469,871 | − | 2,150,000 | 2,639,771 | 12,148,158 | |||||||||||||||||||||||||||||||||
Redemptions
|
(1,599,888 | ) | (4,684,640 | ) | − | (934,397 | ) | (7,218,925 | ) | (531,094 | ) | (2,245,010 | ) | − | (2,174,828 | ) | (4,950,932 | ) | (12,169,857 | ) | ||||||||||||||||||||||||
Transfers
|
(24,976 | ) | (15,736 | ) | − | − | (40,712 | ) | − | 40,712 | − | − | 40,712 | − | ||||||||||||||||||||||||||||||
Net
income (loss)
|
(219,803 | ) | (253,386 | ) | (33 | ) | (1,277,207 | ) | (1,750,429 | ) | (16,784 | ) | 31,710 | − | 180,932 | 195,858 | (1,554,571 | ) | ||||||||||||||||||||||||||
Investors’
interest at September 30, 2008
|
$ | 5,749,895 | $ | 11,707,112 | $ | 948 | $ | 21,486,849 | $ | 38,944,804 | $ | 4,242,163 | $ | 11,521,310 | $ | 1,168 | $ | 61,100,016 | $ | 76,864,657 | $ | 115,809,461 | ||||||||||||||||||||||
Shares
at December 31, 2007
|
91,630 | 176,908 | 14 | 173,842 | 44,626 | 113,169 | 11 | 586,472 | ||||||||||||||||||||||||||||||||||||
Subscriptions
|
4,470 | 9,821 | − | 85,009 | 180 | 3,936 | − | 19,843 | ||||||||||||||||||||||||||||||||||||
Redemptions
|
(19,484 | ) | (50,437 | ) | − | (10,342 | ) | (4,844 | ) | (18,902 | ) | − | (20,615 | ) | ||||||||||||||||||||||||||||||
Transfers
|
(290 | ) | (188 | ) | − | − | − | 342 | − | − | ||||||||||||||||||||||||||||||||||
Shares
at September 30, 2008
|
76,326 | 136,104 | 14 | 248,509 | 39,962 | 98,545 | 11 | 585,700 | ||||||||||||||||||||||||||||||||||||
Net
asset value per share:
September
30, 2008
|
$ | 75.33 | $ | 86.02 | $ | 70.20 | $ | 86.46 | $ | 106.15 | $ | 116.91 | $ | 102.78 | $ | 104.32 |
See
Notes to Unaudited Condensed Financial Statements.
MLM Index ™ Fund
Notes to
Unaudited Condensed Financial Statements
September
30, 2009
MLM Index™ Fund
Unaudited
Condensed Statements of Cash Flows
For
the nine
months
ended September
30,2009
|
For
the nine
months
ended September
30,2008
|
|||||||
Cash
flows from operating activities
|
||||||||
Net
income (loss)
|
$ | (8,389,520 | ) | $ | (1,554,571 | ) | ||
Adjustments
to reconcile net income (loss) to net cash and cash equivalents provided
by (used in) operating and investing activities:
|
||||||||
Net
change in operating assets and liabilities:
|
||||||||
Due
from broker
|
6,762,627 | (8,893,154 | ) | |||||
U.S.
Government/Agency securities
|
- | (59,783,547 | ) | |||||
Net
unrealized gain on open futures contracts
|
667,236 | (2,364,735 | ) | |||||
Interest
receivable
|
50,296 | (367,127 | ) | |||||
Other
assets
|
28 | 471 | ||||||
Brokerage
commissions payable
|
(15,015 | ) | (5,213 | ) | ||||
Management
fee payable
|
(11,876 | ) | (5,238 | ) | ||||
Accrued
expenses
|
(269,288 | ) | 175,471 | |||||
Net
cash and cash equivalents provided by (used in) operating and
investing activities
|
(1,205,512 | ) | (72,797,643 | ) | ||||
Cash
flows from financing activities
|
||||||||
Subscriptions
received, net of selling commissions
|
12,989,455 | 11,648,158 | ||||||
Net
redemptions, including payments of redemptions payable
|
(23,169,328 | ) | (13,160,912 | ) | ||||
Net
cash and cash equivalents used in financing activities
|
(10,179,873 | ) | (1,512,754 | ) | ||||
Net
increase (decrease) in cash and cash equivalents
|
(11,385,385 | ) | (74,310,397 | )) | ||||
Cash
and cash equivalents at beginning of period
|
98,799,819 | 114,829,920 | ||||||
Cash
and cash equivalents at end of period
|
$ | 87,414,434 | $ | 40,519,523 | ||||
Supplemental
disclosures of non-cash financing activities:
|
||||||||
Subscriptions
recorded which were received in advance
|
$ | - | $ | 500,000 | ||||
Redemptions
payable
|
$ | 1,110,180 | $ | 515,487 |
See
Notes to Unaudited Condensed Financial Statements.
MLM Index ™ Fund
Notes to
Unaudited Condensed Financial Statements (continued)
September
30, 2009
1.
Organization
MLM
Index™ Fund (the “Trust”) was formed under the Business Trust Statute of the
State of Delaware as a business trust in December 1997 and commenced operations
on January 4, 1999. The Trust was organized for the primary purpose of seeking
capital appreciation through the speculative trading of a diversified portfolio
of futures contracts using the MLM Index™ Trading Program, which is based upon
the MLM Index™ and the MLM Commodity Long/Short Index™ (the “Index”). The Index
is a benchmark of the hypothetical returns available to a futures investor. The
Index is comprised of a diverse portfolio of futures markets, including both
financial and tangible markets.
Mount
Lucas Management Corporation (the “Manager”) is the investment manager of the
Trust and is responsible for the allocation of the Trust’s interest among a mix
of trading strategies. The Manager is a registered investment advisor under the
Investment Advisers Act of 1940, is registered as a commodity pool operator and
a commodity-trading advisor with the Commodity Futures Trading Commission and is
a member of the National Futures Association.
2.
Summary of Significant Accounting Policies
Basis
of Presentation
The
accompanying financial statements have been prepared in conformity with
accounting principles generally accepted in the United States of America (“US
GAAP”). The following is a summary of the significant accounting and
reporting policies used in preparing the financial
statements. Certain information and footnote disclosures normally
included in annual financial statements prepared in accordance with US GAAP have
been omitted. In the opinion of the Manager, the financial statements
contain all adjustments (consisting of only normal recurring adjustments)
necessary to state fairly the financial positions of the Trust as of September
30, 2009 and the results of its operations for the three months ended September
30, 2009 and 2008 and the nine months ended September 30, 2009 and
2008. The operating results for these interim periods many not be
indicative of the results expected for a full year. These financial
statements should be read in conjunction with the audited financial statements
and accompanying notes included in the Trust’s Annual Report on Form 10-K for
the year ended December 31, 2008.
Use
of Estimates
The
preparation of the accompanying financial statements in conformity with
accounting principles generally accepted in the United States of America
requires management to make estimates and assumptions that affect the reported
amounts of assets and liabilities and disclosure of contingent assets and
liabilities at the date of the financial statements and the reported amounts of
revenues and expenses during the reporting period. Actual results
could differ from those estimates.
Cash
and Cash Equivalents
Cash and
cash equivalents consist of highly liquid financial instruments with maturities
of three months or less, when purchased. The Trust has cash on
deposit with several financial institutions. In the event of a
financial institution’s insolvency, recovery of cash on deposit may be limited
to account insurance or other protection afforded such deposits. The
Trust has established procedures to actively monitor market risk and minimize
credit risk, although there can be no assurance that it will, in fact, succeed
in doing so. The Investors bear the risk of loss only to the extent
of the market value of their respective investments and, in certain specific
circumstances, distribution and redemptions received.
Due
from Brokers
The
Trust’s trading activities utilize one broker located in the United States. Due
from broker represents cash balances held, unrealized profit or loss on futures
contracts, and amounts receivable or payable for transactions not settled at
September 30, 2009 and December 31, 2008.
MLM Index
™ Fund
Notes to
Unaudited Condensed Financial Statements (continued)
September
30, 2009
2.
Summary of Significant Accounting Policies (continued)
Fair
Value Measurements
The Trust
has categorized its financial instruments, based on the priority of the inputs
to the valuation technique, into a three-level fair value hierarchy. The fair
value hierarchy gives the highest priority to quoted prices in active markets
for identical assets or liabilities (Level 1) and the lowest priority to
unobservable inputs (Level 3). If the inputs used to measure the financial
instruments fall within different levels of the hierarchy, the categorization is
based on the lowest level input that is significant to the fair value
measurement of the instrument.
Financial
assets and liabilities recorded on the statement of assets and liabilities are
categorized based on the inputs to the valuation techniques as
follows:
Level 1:
Financial
assets and liabilities whose values are based on unadjusted quoted prices for
identical assets or liabilities in an active market (examples include active
exchange-traded equity securities, listed derivatives, most U.S. government and
agency securities, and certain other sovereign government
obligations).
Level
2:
Financial
assets and liabilities whose values are based on the following:
|
a)
|
Quoted
prices for similar assets or liabilities in active markets (for example,
restricted stock);
|
|
b)
|
Quoted
prices for identical or similar assets or liabilities in non-active
markets (examples include corporate and municipal bonds, which trade
infrequently);
|
|
c)
|
Pricing
models whose inputs are observable for substantially the full term of the
asset or liability (examples include most over-the-counter derivatives,
including interest rate and currency swaps);
and
|
|
d)
|
Pricing
models whose inputs are derived principally from or corroborated by
observable market data through correlation or other means for
substantially the full term of the asset or liability (for example,
certain mortgage loans).
|
Level
3:
Financial assets and liabilities whose values are based on prices or valuation techniques that require inputs that are both unobservable and significant to the overall fair value measurement. These inputs reflect management's own assumptions about the assumptions a market participant would use in pricing the asset or liability (examples include private equity investments, certain commercial mortgage whole loans and long-dated or complex derivatives, including certain foreign exchange options and long-dated options on gas and power).
Financial
assets and liabilities are classified in their entirety based on the lowest
level of input that is significant to the fair value measurement. As of
September 30, 2009 and December 31, 2008 all of the derivative instruments held
by the Trust are fair valued based on quoted prices in active markets (Level
1).
The
Trust’s trading positions are valued at market value and cash equivalents are
carried at their net asset value per share including accrued interest, as
applicable. All positions including the net unrealized appreciation or
depreciation are included under the caption “net unrealized gain (loss) on open
futures contracts” on the statements of financial condition. Market value is
principally based on listed market prices or broker or dealer price quotations.
The resulting change in unrealized profit or loss is reflected in net gain
(loss) on change in unrealized appreciation (depreciation) on investments on the
statements of operations.
MLM Index
™ Fund
Notes to
Unaudited Condensed Financial Statements (continued)
September
30, 2009
2. Summary of Significant Accounting Policies (continued)
Fair
Value Measurements (continued)
In April
2009, the Financial Accounting Standards Board (“FASB”) issued accounting
guidance clarifying the application of Accounting Standards Codification (“ASC”)
Topic 820, “Fair Value Measurements and Disclosures”. The additional
guidance provides for how the fair value of a financial asset or liability is
determined when the volume and level of activity for the asset or liability have
significantly decreased and on identifying circumstances that indicate a
transaction is not orderly. The guidance was effective for interim
and annual periods after June 15, 2009, with early adoption permitted for
periods ending after March 15, 2009, and is to be applied
prospectively. The Trust adopted the guidance effective January 1,
2009. As required, the Trust also adopted guidance relating to
recognition and presentation of other-than-temporary impairments, effective
January 1, 2009. The adoption of these pronouncements did not have an
impact on the Trust’s financial statements.
Investment
Transactions and Investment Income
All
securities transactions are recorded on a trade-date basis. Realized gain and
loss are recorded using specific identification method. Interest income is
recorded using the accrual basis of accounting.
Income
Taxes
The
Unleveraged Series, the Leveraged Series and the Commodity L/S Unleveraged
Series are classified for federal income tax purposes as separate partnerships.
Investors in each Series will reflect their proportionate share of realized
profit or loss on their separate tax returns. Accordingly, no provisions for
income taxes are required for the Trust.
3.
Cash and Cash Equivalents
The
Trust’s cash and cash equivalents consisted of:
September
30,
2009
|
December
31,
2008
|
|||||||
Overnight
money markets
|
$ | 2,382,000 | $ | 1,893,000 | ||||
U.S.
Government/Agency securities
|
84,630,161 | 96,557,403 | ||||||
Cash
in checking account
|
402,273 | 349,416 | ||||||
Total
|
$ | 87,414,434 | $ | 98,799,819 |
4.
Investors’ Interest
The Trust
is comprised of three series: the MLM Index Unleveraged Series, which attempts
to replicate the MLM Index without leverage, the MLM Index Leveraged Series,
which attempts to replicate the MLM Index at three times leverage, and the MLM
Commodities L/S Unleveraged Series which attempts to replicate the MLM Commodity
Long/Short Index without leverage (collectively, the “Series”). Each
Series has four classes of shares: Class A, Class B, Class C and Class D. Shares
of the MLM Commodities L/S Unleveraged Series (Class D) were first issued on
July 31, 2009. As of September 30, 2009, there has been no issuance of MLM
Commodities L/S Classes A, B or C. Class A, Class B, Class C and
Class D shares are sold by authorized selling agents appointed by the Manager to
accredited investors at a price equal to each Class’s net asset value. Shares
may be redeemed at net asset value as of the last day of any month upon at least
ten business days’ written notice to the Manager.
MLM Index
™ Fund
Notes to
Unaudited Condensed Financial Statements (continued)
September
30, 2009
4.
Investors’ Interest (continued)
The
Manager allocates profits and losses among the investors of a Series based on
the balance in each investor’s capital account.
The
Manager paid all of the expenses associated with the organization of the Trust
and the offered shares. As a result, each shareholder of Class A and Class B
shares pays the Manager an organizational fee in the amount of 0.5% of their
aggregate investment, net of any selling commission. Class A and Class B
shareholders are not charged an organizational fee once they have contributed a
total of $1,000,000 or more. Class C and Class D shareholders are not charged an
organizational fee.
The Class
A and Class C shares of each Series are subject to a sales commission of 0% to
4% of the subscription amount, payable to the selling agent from the investor’s
investment for each series. The amount of the sales commission will be
determined by the selling agent.
5.
Margin Requirements
The Trust
had margin requirements of $6,986,903 and $14,404,026 at
September 30, 2009 and December 31, 2008, respectively, which were satisfied by
cash held at the broker.
6.
Management Fee and Other Fees and Expenses
The Trust
pays the Manager a management fee and the introducing broker a brokerage fee as
a percentage of net assets, as of the first day of each month at the annualized
rates as follows:
Leveraged
Series
|
||||||||||||||||||||||||
Brokerage
Fee
|
Management
Fee
|
Organizational
Fee
|
Operating
Expense
|
Selling
Expense
|
Total
Fees and Commissions
|
|||||||||||||||||||
Class
A
|
1.75 | % | 2.80 | % | 0.50 | % | 0.35 | % | 4.00 | % | 9.40 | % | ||||||||||||
Class
B
|
1.75 | % | 1.30 | % | 0.50 | % | 0.35 | % | N/A | 3.90 | % | |||||||||||||
Class
C
|
0.90 | % | 2.05 | % | N/A | 0.35 | % | 4.00 | % | 7.30 | % | |||||||||||||
Class
D
|
0.90 | % | 1.30 | % | N/A | 0.35 | % | N/A | 2.55 | % |
Unleveraged
Series
|
||||||||||||||||||||||||
Brokerage
Fee
|
Management
Fee
|
Organizational
Fee
|
Operating
Expense
|
Selling
Expense
|
Total
Fees and Commissions
|
|||||||||||||||||||
Class
A
|
0.85 | % | 1.50 | % | 0.50 | % | 0.35 | % | 4.00 | % | 7.20 | % | ||||||||||||
Class
B
|
0.85 | % | 0.50 | % | 0.50 | % | 0.35 | % | N/A | 2.20 | % | |||||||||||||
Class
C
|
0.40 | % | 1.00 | % | N/A | 0.35 | % | 4.00 | % | 5.75 | % | |||||||||||||
Class
D
|
0.40 | % | 0.50 | % | N/A | 0.35 | % | N/A | 1.25 | % |
Commodities
L/S Unleveraged Series
|
||||||||||||||||||||||||
Brokerage
Fee
|
Management
Fee
|
Organizational
Fee
|
Operating
Expense
|
Selling
Expense
|
Total
Fees and Commissions
|
|||||||||||||||||||
Class
A
|
0.85 | % | 1.50 | % | 0.50 | % | 0.35 | % | 4.00 | % | 7.20 | % | ||||||||||||
Class
B
|
0.85 | % | 0.50 | % | 0.50 | % | 0.35 | % | N/A | 2.20 | % | |||||||||||||
Class
C
|
0.40 | % | 1.00 | % | N/A | 0.35 | % | 4.00 | % | 5.75 | % | |||||||||||||
Class
D
|
0.40 | % | 0.50 | % | N/A | 0.35 | % | N/A | 1.25 | % |
The Trust
pays 0.35% of average net assets for the Trust’s legal, accounting, auditing and
other operating expenses and fees. The Trust also pays the cash
manager, banking fees and State of New Jersey K-1 filing fees
directly.
MLM Index
™ Fund
Notes to
Unaudited Condensed Financial Statements (continued)
September
30, 2009
7.
Derivative Financial Instruments
Derivatives
are subject to various risks similar to non-derivative financial instruments
including market, credit, liquidity and operational risk. The risks of
derivatives should not be viewed in isolation but rather should be considered on
an aggregate basis along with the Trust’s other trading-related
activities.
The Trust
purchases and sells futures contracts in financial instruments and
commodities. The Trust records its derivative activities on a
mark-to-market basis with realized and unrealized gains (losses) recognized
currently in the statements of operations and in due from brokers on the
statements of financial condition.
The
following table reflects the fair value of the Trust’s derivative financial
instruments.
Fair
Value at
|
||||||||||||||||
September
30, 2009
|
December
31, 2008
|
|||||||||||||||
Assets
|
Liabilities
|
Assets
|
Liabilities
|
|||||||||||||
Financial
futures
|
$ | 3,650,323 | $ | (236,250 | ) | $ | 6,221,375 | $ | (3,674,913 | ) | ||||||
Commodity
futures
|
3,429,824 | (1,320,657 | ) | 5,786,787 | (2,142,773 | ) | ||||||||||
Total
|
$ | 7,080,147 | $ | 1,556,907 | $ | 12,008,162 | $ | (5,817,686 | ) |
The
following table reflects the trading revenue of the Trust’s derivatives by
instrument type.
For the three months ended
September 30, 2009
|
||||||||||||
Realized
P/L
|
Change
in Unrealized
|
Total
|
||||||||||
Financial
futures
|
$ | 106,822 | $ | 3,096,947 | $ | 3,203,769 | ||||||
Commodity
futures
|
(2,682,561 | ) | 2,448,249 | (234,312 | ) | |||||||
$ | (2,575,739 | ) | $ | 5,545,196 | $ | 2,969,457 | ||||||
For the nine months ended
September 30, 2009
|
||||||||||||
Realized
P/L
|
Change
in Unrealized
|
Total
|
||||||||||
Financial
futures
|
$ | (2,929,037 | ) | $ | 867,611 | $ | (2,061,426 | ) | ||||
Commodity
futures
|
(2,867,443 | ) | (1,534,847 | ) | (4,402,290 | ) | ||||||
$ | (5,796,470 | ) | $ | (667,236 | ) | $ | (6,463,716 | ) |
Open
contracts generally mature within three months. As of September 30,
2009, the latest maturity date for open futures contracts is March 2010, however
the Trust intends to close all futures contracts prior to
maturity.
8.
Financial Highlights
The
following represents the per share operating performance and ratios to the
average investors’ interest and other supplemental information for the nine
months ended September 30, 2009:
Leveraged
Series
|
Unleveraged
Series
|
Commodity
L/S Unleveraged Series
|
||||||||||||||||||||||||||||||||||
Class
A
|
Class
B
|
Class
C
|
Class
D
|
Class
A
|
Class
B
|
Class
C
|
Class
D
|
Class
D
|
||||||||||||||||||||||||||||
Shares
|
Shares
|
Shares
|
Shares
|
Shares
|
Shares
|
Shares
|
Shares
|
Shares
|
||||||||||||||||||||||||||||
Per
share operating performance:
|
||||||||||||||||||||||||||||||||||||
Net
asset value per share at December 31, 2008/ issuance
|
$ | 105.12 | $ | 120.43 | $ | 98.31 | $ | 121.29 | $ | 119.60 | $ | 132.04 | $ | 116.06 | $ | 117.94 | $ | 100.00 | ||||||||||||||||||
Income
from investment operations:
|
||||||||||||||||||||||||||||||||||||
Net
investment income (expense)
|
(2.32 | ) | (1.42 | ) | (1.67 | ) | (1.44 | ) | (1.62 | ) | (0.84 | ) | (1.16 | ) | (0.75 | ) | (0.16 | ) | ||||||||||||||||||
Net
realized and unrealized gain on investment transactions
|
(10.45 | ) | (11.99 | ) | (9.21 | ) | (11.37 | ) | (3.73 | ) | (4.13 | ) | (3.25 | ) | (3.30 | ) | 7.06 | |||||||||||||||||||
Total
from investment operations
|
(12.77 | ) | (13.41 | ) | (10.88 | ) | (12.81 | ) | (5.35 | ) | (4.97 | ) | (4.41 | ) | (4.05 | ) | 6.90 | |||||||||||||||||||
Net
asset value per share at September 30, 2009
|
$ | 92.35 | $ | 107.02 | $ | 87.43 | $ | 108.48 | $ | 114.25 | $ | 127.07 | $ | 111.65 | $ | 113.89 | $ | 106.90 | ||||||||||||||||||
Total
Return:
|
(12.15 | )% | (11.14 | )% | (11.07 | )% | (10.56 | )% | (4.47 | )% | (3.76 | )% | (3.79 | )% | (3.43 | )% | 6.90 | % | ||||||||||||||||||
Ratio
to Average Investors’ Interest:
|
||||||||||||||||||||||||||||||||||||
Net
investment income
|
(2.50 | )% | (1.31 | )% | (1.86 | )% | (1.28 | )% | (1.41 | )% | (0.67 | )% | (1.03 | )% | (0.67 | )% | (0.23 | )% | ||||||||||||||||||
Expenses
|
(2.60 | )% | (1.40 | )% | (1.96 | )% | (1.38 | )% | (1.54 | )% | (0.81 | )% | (1.16 | )% | (0.80 | )% | (0.23 | )% |
Total
return is calculated as the change in the net asset value per share for the nine
months ended September 30, 2009. The per share operating performance
and ratios are computed based upon the weighted average shares outstanding and
the weighted average of investors’ interest, respectively for each class, for
the nine months ended September 30, 2009.
8.
Financial Highlights (continued)
The
following represents the per share operating performance and ratios to the
average investors’ interest and other supplemental information for the nine
months ended September 30, 2008:
Leveraged
Series
|
Unleveraged
Series
|
|||||||||||||||||||||||||||||||
Class
A
|
Class
B
|
Class
C
|
Class
D
|
Class
A
|
Class
B
|
Class
C
|
Class
D
|
|||||||||||||||||||||||||
Shares
|
Shares
|
Shares
|
Shares
|
Shares
|
Shares
|
Shares
|
Shares
|
|||||||||||||||||||||||||
Per
share operating performance:
|
||||||||||||||||||||||||||||||||
Net
asset value per share at December 31, 2007
|
$ | 78.88 | $ | 89.06 | $ | 72.63 | $ | 88.95 | $ | 106.89 | $ | 116.86 | $ | 102.77 | $ | 103.92 | ||||||||||||||||
Income
from investment operations:
|
||||||||||||||||||||||||||||||||
Net
investment income (expense)
|
(0.70 | ) | 0.28 | (0.21 | ) | 0.28 | 0.55 | 1.51 | 0.93 | 1.34 | ||||||||||||||||||||||
Net
realized and unrealized loss on investment transactions
|
(2.85 | ) | (3.32 | ) | (2.22 | ) | (2.77 | ) | (1.29 | ) | (1.46 | ) | (0.92 | ) | (0.94 | ) | ||||||||||||||||
Total
from investment operations
|
(3.55 | ) | (3.04 | ) | (2.43 | ) | (2.49 | ) | (0.74 | ) | 0.05 | 0.01 | 0.40 | |||||||||||||||||||
Net
asset value per share at September 30, 2008
|
$ | 75.33 | $ | 86.02 | $ | 70.20 | $ | 86.46 | $ | 106.15 | $ | 116.91 | $ | 102.78 | $ | 104.32 | ||||||||||||||||
Total
Return:
|
(4.50 | )% | (3.41 | )% | (3.35 | )% | (2.80 | )% | (0.69 | )% | 0.04 | % | 0.01 | % | 0.38 | % | ||||||||||||||||
Ratio
to Average Investors’ Interest:
|
||||||||||||||||||||||||||||||||
Net
investment income (expense)
|
(0.86 | )% | 0.33 | % | (0.28 | )% | (0.25 | )% | 0.53 | % | 1.30 | % | 0.88 | % | 1.26 | % | ||||||||||||||||
Expenses
|
(2.89 | )% | (1.75 | )% | (2.25 | )% | (1.60 | )% | (1.62 | )% | (0.86 | )% | (1.22 | )% | (0.84 | )% |
Total
return is calculated as the change in the net asset value per share for the nine
months ended September 30, 2008. The per share operating performance
and ratios are computed based upon the weighted average shares outstanding and
the weighted average of investors’ interest, respectively for each class, for
the nine months ended September 30, 2008.
9.
Reclassifications
Certain
amounts and balances from the prior periods have been reclassified to conform
with the current period presentation.
10.
New Accounting Pronouncements
Effective
for the quarter ending June 30, 2009, The Trust adopted ASC Topic 855,
“Subsequent Events” which provides guidance to establish general
standards of accounting for and disclosures of events that occur after the
balance sheet date but before financial statements are issued or are available
to be issued. ACS Topic 855 also requires entities to disclose the
date through which subsequent events were evaluated as well as the rationale for
why that date was selected. The adoption of ACS Topic 855 did not have a
material impact on the Trust financial statements.
In June
2009, the FASB issued SFAS No. 166, “Accounting for Transfers of Financial
Assets – an amendment of FASB Statement No. 140” (“SFAS 166”), which requires
additional information regarding transfers of financial assets, including
securitization transactions, and where companies have continuing exposure to the
risks related to transferred financial assets. SFAS 166 eliminates
the concept of a “qualifying special-purpose entity,” changes the requirements
for derecognizing financial assets, and requires additional
disclosures. SFAS 166 is effective for fiscal years beginning after
November 15, 2009. SFAS 166 is effective for the Trust on January 1,
2010. The Manager is evaluating the impact of adopting SFAS 166 and its impact
on the Trust’s financial statements.
In June
2009, the FASB issued SFAS No. 167, “Amendments to FASB Interpretation No.
46(R)” (“SFAS 167”), which modifies how a company determines when an entity that
is insufficiently capitalized or is not controlled through voting (or similar
rights) should be consolidated. SFAS 167 clarifies that the
determination of whether a company is required to consolidate an entity is based
on, among other things, an entity’s purpose and design and a company’s ability
to direct the activities of the entity that most significantly impact the
entity’s economic performance. SFAS 167 requires an ongoing
reassessment of whether a company is the primary beneficiary of a variable
interest entity. SFAS 167 also requires additional disclosures about a company’s
involvement in variable interest entities and any significant changes in risk
exposure due to that involvement. SFAS 167 is effective for fiscal
years beginning after November 15, 2009 and is effective for Series E on January
1, 2010. The Manager is evaluating the impact of adopting SFAS 167 and its
impact on the Trust’s financial statements.
Effective
July 1, 2009, the Trust adopted ASC Topic 105, “Generally Accepted Accounting
Principles”. ASC Topic 105 establishes the FASB Accounting Standards
Codification as the source of authoritative accounting principles recognized by
the FASB to be applied by non-governmental entities in the preparation of
financial statements in conformity with US GAAP. Rules and
interpretive releases of the SEC under authority of federal securities laws are
also sources of authoritative US GAAP for SEC registrants. The
Codification did not change US GAAP but reorganizes the existing literature into
Topics. References to FASB guidance throughout this document have
been updated for the Codification.
On
January 1, 2009, the Trust adopted certain provisions of ASC Topic 815 with
respect to disclosures about derivative instruments and hedging activities and
the provision of certain tabular disclosures of the effects of such instruments
and related hedged items on our financial position, financial performance, and
cash flows. See Note 7. Derivative financial instruments. The adoption of these
provisions did not have a material impact on the Trust’s financial
statements.
11.
Subsequent Events
The
Manager has evaluated events and transactions that occurred between September
30, 2009 and November 10, 2009, which is the date the financial statements were
issued for possible disclosure or recognition in the financial
statements. The Manager has determined that there were no such events
or transactions that warrant disclosure or recognition in the financial
statements.
Item 2.
|
Management's
Discussion and Analysis of Financial Condition and Results of
Operations.
|
General
MLM
Index™ Fund (the “Trust”) is a business trust organized under the laws of
Delaware. The Trust engages primarily in the speculative trading of a
diversified portfolio of futures contracts using the MLM Index™ Trading Program
(the “Trading Program”). Generally speaking, futures contracts are
standardized contracts made on or through a commodity exchange and provide for
future delivery of commodities such as precious metals, foreign currencies or
financial instruments. Certain contracts can be settled only on a
cash basis such as stock index futures contracts and Eurodollar futures
contracts. The Trust's objective is the appreciation of its assets
through speculative trading. The Trust began trading on January 4,
1999.
Mount
Lucas Management Corporation (the “Manager”), a Delaware corporation, acts as
the manager and trading advisor of the Trust. The Manager was formed
in 1986 to act as an investment manager. As of September 30, 2009,
the Manager had approximately $1.4 billion of assets under
advisement. The Manager is a registered investment adviser under the
Investment Advisers Act of 1940 and is a registered commodity trading advisor
and commodity pool operator with the Commodity Futures Trading Commission (the
"CFTC") and a member of the National Futures Association (the
"NFA"). The Manager does and may in the future operate other
investment vehicles.
The Trust
and the Manager maintain their principal business office at 405 South State
Street, Newtown, PA 18940 and their telephone number is (267)
759-3500.
The
purpose of the Trust is to replicate the results of the MLM Index™ and the MLM
Commodity Long/Short Index™, both designed to measure the risk premium available
to futures traders. Designed as such, the results of the Trust depend
on two factors, the results of the MLM Index™ and the MLM Commodity Long/Short
Index™, and the Manager's ability to replicate that Index. It is
important to note that the Manager also calculates the results of the MLM Index™
and the MLM Commodity Long/Short Index™. Thus, their role is twofold
- to calculate the results of the MLM Index™ and the MLM Commodity Long/Short
Index™, and to replicate the results of the MLM Index™ and the MLM Commodity
Long/Short Index™ for the Trust. Any changes made to the composition
of the MLM Index™ and/or the MLM Commodity Long/Short Index™ by the MLM Index™
Committee of the Manager will affect the trading of the Trust, since the
objective of the Trust is to replicate the MLM Index™ and the MLM Commodity
Long/Short Index™ as published.
Results
of the MLM Index™
The MLM
Index™ is calculated from the prices of 22 generally liquid futures
contracts. These markets are traded on domestic and foreign
exchanges. For each market, the MLM Index™ generally uses the price
of 4 different delivery months each year. For example, in the
Japanese Yen futures market, the MLM Index™ uses the March, June, September and
December delivery months. On the day before trading day, the MLM
Index™ determines whether to hold a long or short position in each constituent
contract based on the calculation methodology of the MLM Index™. Once
established, that position is held for the subsequent period, at which time it
is re-evaluated. The monthly results of each constituent market are
then used to calculate the MLM Index™ return. The objective of the Unleveraged
is to replicate this monthly return. The objective of the Leveraged
series is to replicate this monthly return 3 times over.
The
volatility of the constituent markets in the MLM Index™ can affect the results
of the Trust. The influences on this volatility are varied and
unpredictable. However, since the objective of the Series is to
replicate the MLM Index™, the Manager takes no unusual action to mitigate this
volatility. The role of the Manager is to buy or sell the appropriate
number of futures contracts in each constituent market such that the aggregate
return of those positions replicates as closely as possible the results of the
MLM Index™.
In order
to accomplish this objective, the Manager must calculate the number of contracts
based on the assets in the Unleveraged and Leveraged Series of the Trust. Since
the MLM Index™ rebalances positions each month, at that time the Manager must
ascertain the asset level and execute orders to achieve the desired
allocations. This is achieved by adding the performance results of
the Trust for the month to the assets at the beginning of the month, and adding
additions of capital from new subscriptions and subtracting redemptions in order
to determine the asset level at the end of the period.
Results
of the MLM Commodity Long/Short Index™
The MLM
Commodity Long/Short Index™ is calculated from the prices of 11 generally liquid
futures contracts. These markets are traded on domestic
exchanges. For each market, the MLM Commodity Long/Short Index™
generally uses the price of 4 different delivery months each
year. For example, in the Wheat futures market, the MLM
Commodity Long/Short Index™ uses the March, June, September and December
delivery months. On the day before trading day, the MLM Commodity
Long/Short Index™ determines whether to hold a long or short position in each
constituent contract based on the calculation methodology of the MLM Commodity
Long/Short Index™. Once established, that position is held for the
subsequent period, at which time it is re-evaluated. The monthly
results of each constituent market are then used to calculate the MLM Commodity
Long/Short Index™ return.
The
volatility of the constituent markets in the MLM Commodity Long/Short Index™ can
affect the results of the Trust. The influences on this volatility
are varied and unpredictable. However, since the objective of the
Series is to replicate the MLM Commodity Long/Short Index™, the Manager takes no
unusual action to mitigate this volatility. The role of the Manager
is to buy or sell the appropriate number of futures contracts in each
constituent market such that the aggregate return of those positions replicates
as closely as possible the results of the MLM Commodity Long/Short
Index™.
In order
to accomplish this objective, the Manager must calculate the number of contracts
based on the assets in the Series. Since the MLM Commodity Long/Short Index™
rebalances positions each month, at that time the Manager must ascertain the
asset level and execute orders to achieve the desired
allocations. This is achieved by adding the performance results of
the Trust for the month to the assets at the beginning of the month, and adding
additions of capital from new subscriptions and subtracting redemptions in order
to determine the asset level at the end of the period.
Summary
of Critical Accounting Policies
The
preparation of financial statements in conformity with accounting principles
generally accepted in the United States of America requires management to make
estimates and assumptions that affect the amounts reported in the financial
statements and accompanying notes. Management believes that the
estimates utilized in preparing the financial statements are reasonable and
prudent; however, actual results could differ from those
estimates. The Trust's significant accounting policies are described
in detail in Note 2 of the Notes to Unaudited Interim Financial
Statements.
The Trust
records all investments at fair value in its financial statements, with changes
in fair value reported as a component of “realized and unrealized gain (loss)”
on investments in the Statements of Operations. Generally, fair values are based
on market prices; however, in certain circumstances, significant judgments and
estimates by the Manager are involved in determining fair value in the absence
of an active market closing price.
Accounting
Standards Codification (“ASC”) Topic 820, “Fair Value Measurements and
Disclosures” provides additional guidance for how the fair value of a financial
asset or liability is determined when the volume and level of activity for the
asset or liability have significantly decreased and on identifying circumstances
that indicate a transaction is not orderly. The guidance was
effective for interim and annual periods after June 15, 2009, with early
adoption permitted for periods ending after March 15, 2009, and is to be applied
prospectively.
Financial
Condition
To
replicate the results of the MLM Index™ and the MLM Commodity Long/Short Index™,
the Trust must effect trades on domestic or foreign futures
exchanges. From the beginning of operations until October 2005, the
Trust used Refco, LLC (“Refco”) as its futures commission
merchant. In October 2005 the Trust moved all of its brokerage
accounts to Citigroup Global Markets (“CGM”). The Manager deposits a
percentage of the assets of the Trust in three separate accounts at CGM, one for
the Unleveraged Series, one for the Leveraged Series and one for the Commodity
L/S Unleveraged Series. The amount deposited is determined by the
margin requirement established by the exchanges to hold the positions in the
Trust. The margin requirements vary, but are generally about 2% of
assets for the Unleveraged Series and 6% of assets for the Leveraged
Series.
The
balance of the assets of the Trust is held in separate custodial accounts at
State Street Bank (the “Bank”). The Trust has contracted with
Aberdeen Asset Management (the successor to Credit Suisse Asset Management
(CSAM) ) to manage the money in these accounts so as to maximize the interest
income, which accrues to each Series of the Trust, while maintaining strict
credit controls as determined by the Commodities Exchange Act. When
CGM requires additional assets to maintain the positions for reach Series of the
Trust, the Bank makes a wire transfer to CGM. If CGM has surplus
assets in the accounts, CGM makes a wire transfer to the accounts at the
Bank.
The Trust owns no capital assets and
does not borrow money. Since the objective of the Trust is to
replicate the results of the MLM Index™ or the Commodity Long/Short Index™, as
applicable, its entire asset base participates in the speculative trading of
futures contracts. As such, all assets of the Trust are at
risk. The level of assets will be determined by the results of the
Trust, the effect of capital additions and the redemption of Trust
interests. These variables are impossible to predict with any
certainty.
The Trust
purchases and sells futures in financial instruments and
commodities. The Trust records its derivative activities on a
mark-to-market basis with realized and unrealized gains (losses) recognized
currently in the statements of operations.
Liquidity
The
majority of the Trust's assets are held in liquid short term interest rate
instruments. The Trust takes substantial exposure in futures markets,
which require relatively small deposits, called margin, to hold the positions.
In general, the Trust will have the minimum amount on deposit with brokers as
margin, with the balance held in custodial accounts with the Bank.
Upon 10
days written notice to the Manager, a holder of interests in the Trust may
liquidate their holding at the end of any month at the net asset value of the
interests at that month end. While the Manager will generally honor
all requests for redemption if presented in proper form, the Manager may
temporarily suspend any redemption if the effect of such redemption, either
alone or in conjunction with other redemptions, would impair the relevant
Series' ability to operate. Further, the right to obtain redemption
is contingent upon the relevant Series having assets sufficient to discharge its
liabilities on the date of redemption. For example, under certain
circumstances, the Manager may find it advisable to establish a reserve for
contingent liabilities. In such event, the amount receivable by a
redeeming holder of interests will be reduced by his proportionate share of the
reserve. There is no secondary market for interests in the Trust, and
none is anticipated to develop. There are restrictions on transfer of
interests contained within the Trust Agreement.
Although
the Trust trades in futures contracts which are in general liquid, the exchanges
impose daily trading limits, which act to suspend trading when a particular
market or contract trades up or down to a pre-determined price
level. Should this happen, and the Trust was attempting to execute
trades in that situation, the Trust may not be able to accurately replicate the
results of the MLM Index™ or the MLM Commodity Long/Short
Index™. These rules have not had a material impact on the operation
of the Trust to date but future impact is impossible to predict.
Market
and Credit Risks
The
nature of the Trust is such that it undertakes substantial market risk in
following its mandate to replicate the MLM Index™ and the MLM Commodity
Long/Short Index™. Although the Manager monitors the intraday and
daily valuation of the portfolio, no extraordinary measures are taken to reduce
market risk. Specifically, the Manager maintains positions required
to match, as closely as possible, the return of the MLM Index and the MLM
Commodity Long/Short Index™. There could be certain circumstances
where the Manager might be called upon to make a change to this policy, such as
the closing of an exchange or some other emergency situation. In such
case, the Manager would use its best efforts to respond to such circumstances
with the interests of the investors in mind.
The MLM
Index™ and the MLM Commodity Long/Short Index™ is designed to capture returns
from sustained trends in the constituent futures markets. When these
trends exist in a market or sector, the MLM Index™ and the MLM Commodity
Long/Short Index™ tends to exhibit positive performance in that market or
sector. Conversely, if a market or sector is trendless and volatile,
the performance for the market or sector is likely to be
negative. The lack of any significant trend is generally an
indication of poor results.
The MLM
Index™ and the MLM Commodity Long/Short Index™ is not designed to predict which
market will exhibit positive performance in any given year. The
Manager does not select the constituent markets based on expectations of future
performance. The MLM Index™ and the MLM Commodity Long/Short Index™
is designed to represent participation in a diverse basket of future contracts
using a trend-following algorithm. The MLM Index™ and the MLM
Commodity Long/Short Index™ is a diversified Index producing different levels of
return in the various sectors from year-to-year.
The Trust
incurs various kinds of credit risk in its operations. In order to
facilitate the trading of the Trust, assets must be placed with both Futures
Commission Merchants and Broker/Dealers. Management of the Trust
deals only with established registered firms in both capacities, and monitors
their financial condition on an ongoing basis. In addition, if the Trust were to
enter into over-the-counter (“OTC”) transactions, additional counterparty risk
would be incurred. There were no OTC transactions for the three or
nine months ending September 30, 2009.
Results
of Operations
At September 30, 2009, the Trust had
assets of $120,744,832 and liabilities of $1,346,575 compared with assets of
$139,610,404 and liabilities of $3,413,670 at December 31,
2008. Changes in the net assets of the Trust are the result of
subscriptions and redemptions to the Trust, and the net loss from operations;
including the results from futures trading, interest income, and fees and
expenses. For the nine month period ended September 30, 2009,
subscriptions to the Trust totaled $12,989,455 and redemptions totaled
$21,398,412. During the nine-month period ended September 30, 2009,
the Trust had a net loss of $8,389,520 compared with a net loss of $1,554,571
for the same period in 2008. Some expenses of the Trust are based on
a percentage of net assets, and therefore increase or decrease as the net assets
of the Trust increase or decrease.
The
Trust’s net income (loss) is directly related to the performance of the MLM
Index™ and the MLM Commodity Long/Short Index™, which the Trust is designed to
replicate. For the nine months ended September 30, 2009, MLM Index™
performance was -2.66%. Performance was -0.57% for the same period
ended September 30, 2008. For the nine months ended September 30,
2009, MLM Commodity Long/Short Index™ performance was
-8.42%. Performance was -0.89% for the same period ended September
30, 2008.The following table represents the performance by class for the MLM
Index™ Fund for the nine months ended September 30, 2009 and September 30,
2008.
September
30, 2009:
Leveraged
Series
|
Unleveraged
Series
|
Commodity
L/S Unleveraged Series
|
||||||||||||||||||||||||||||||||||
Class
A Shares
|
Class
B Shares
|
Class
C Shares
|
Class
D Shares
|
Class
A Shares
|
Class
B Shares
|
Class
C Shares
|
Class
D Shares
|
Class
D Shares
|
||||||||||||||||||||||||||||
Total
Return:
|
(12.15 | )% | (11.14 | )% | (11.07 | )% | (10.56 | )% | (4.47 | )% | (3.76 | )% | (3.80 | )% | (3.43 | )% | 6.90 | %* | ||||||||||||||||||
·July-Sep
09
|
September
30, 2008:
Leveraged
Series
|
Unleveraged
Series
|
|||||||||||||||||||||||||||||||
Class
A Shares
|
Class
B Shares
|
Class
C Shares
|
Class
D Shares
|
Class
A Shares
|
Class
B Shares
|
Class
C Shares
|
Class
D Shares
|
|||||||||||||||||||||||||
Total
Return:
|
(4.50 | )% | (3.41 | )% | (3.35 | )% | (2.80 | )% | (0.69 | )% | 0.04 | % | 0.01 | % | 0.38 | % |
The
Trust’s performance may be negative in years when the MLM Index™ and/or the MLM
Commodity Long/Short Index™ is positive due to the timing of subscriptions and
redemptions, the fees charged and/or the allocation of assets between the
Unleveraged, Leveraged and Commodity Long/Short Series of the
Trust. Since inception of the Trust, the correlation of monthly
results between the Unleveraged Series of the Trust and the MLM Index™ adjusted
for fees is 0.99 and the . The correlation between the Leveraged
Series of the Trust and the MLM Index™ adjusted for leverage and fees is
0.99. The correlation between the Commodity L/S Unleveraged Series of
the Trust and the MLM Commodity Long/Short Index™ adjusted for leverage and fees
is 0.99
The
components of the return of the MLM Index™ and the MLM Commodity Long/Short
Index™ are the capital gains earned from the changes in futures market prices
and the interest income earned on cash balances less expenses
incurred. The mechanics and rules of futures markets allow the Trust
to earn interest on approximately 100% of the assets in the
Trust. The interest income takes two forms: that paid
directly from the Trust's futures broker on margin deposits held by it, and
excess cash.
Item 3.
|
Quantitative
and Qualitative Disclosures About Market
Risk.
|
The
following is a discussion of the quantification of market risk for the
Trust. Such calculations are often referred to as Value-at-Risk
(“VAR”). The method used here may or may not differ from other
methods used for VAR calculations by other firms. There is no one
generally accepted method of VAR calculation and this method may not be
comparable to methods used by others.
The
market risk, or VAR of the Trust, is directly related to the composition of the
MLM Index™ and the MLM Commodity Long/Short Index™. Each month, the
position of the MLM Index™ and the MLM Commodity Long/Short Index™ can be either
long or short based on a 252 business day moving average rule. Since
positions can be offset inside of sectors (one contract long in a particular
commodity and one contract short in a related commodity), specific sector risk
is less relevant than the historical risk of the MLM Index™ and the MLM
Commodity Long/Short Index™ as a whole. Since the objective of the
Trust is to replicate the MLM Index™ and the MLM Commodity Long/Short Index™, it
is reasonable to use the historic values of that Index to estimate market
risk.
The
VAR of the Trust is calculated as
follows:
|
|
1.
|
The
Manager calculates the standard deviation of the historical returns of the
MLM Index™ and the MLM Commodity Long/Short Index™ over two time periods,
using daily returns over the preceding 1 year ending at the date of this
report, and using monthly returns over the preceding 10 years. Those
results for the period ended September 30, 2009 are 0.70% and
1.91% for the MLM Index and 1.79% and 3.89% for the MLM
Commodity Long/Short Index™ respectively. It is important to note
that this calculation is made on the historical data of the MLM Index™ and
the MLM Commodity Long/Short Index™. It is not based on the actual
trading of the Trust and, accordingly, does not include any operational
risk. The standard deviation is used to measure the dispersion of
the returns of the MLM Index™ and the MLM Commodity Long/Short Index™ over
time.
|
|
2.
|
For
the purposes of VAR, an attempt is made to estimate the size of a loss
that may occur with some small probability. VAR does not estimate
the possibility of a total loss, only the probability of a loss of some
magnitude. The calculation is complicated by the fact that the
standard deviation of the distribution assumes a normal distribution,
which may or may not be a good estimate of the actual distribution.
For the purposes of this estimate, the Manager has chosen to calculate the
size of a daily and monthly loss that might occur with a probability of 1%
(1 chance in 100). To do this, the standard deviation is multiplied
by 2.35 to the standard 99% confidence interval, and by 1.5 to adjust for
the possibility of a non-normal distribution. Using this
methodology, for daily returns, this estimate is a loss of 2.53 %.
For monthly returns, the estimate is a loss of
6.84%.
|
|
3.
|
To
ascertain a dollar loss amount for the Trust, the assets of the Trust as
of September 30, 2009 are multiplied by the estimates of the risk
calculated in step 2 above. The risk estimate is based on the fact
that neither the MLM Index™ nor the MLM Commodity Long/Short
Index™ uses leverage, so Trust assets must be adjusted for the
distribution of assets among the Unleveraged and Leveraged Series of the
Trust, with the leveraged assets having three times the risk of the
Unleveraged assets. Based on the asset levels as of September 30,
2009, the Manager estimates that the Trust could expect to lose
approximately $5.4 million in any given day and $14.6 million in any given
month.
|
The
estimate above, though reasonable, should not be taken as an assurance that
losses in the Trust could not be greater than these amounts. This is
simply a quantitative estimate based on the historical performance of the MLM
Index™. A loss that occurs with a small probability may be
substantially greater than the loss indicated above. Also, market
conditions could change dramatically from the conditions that prevailed over the
period used to calculate the estimate, thereby affecting the realized volatility
of the market. Furthermore, other factors could affect trading, such
as the inability to execute orders in a particular market due to operational or
regulatory restrictions that may alter the pattern of the Trust’s
returns. Specifically, the Manager advises other funds in addition to
the Trust. In certain markets there is a limit to the size of a
position that one entity can control (speculative limits). Since
positions cannot exceed speculative limits, the Manager may have to allocate
positions across accounts and funds, resulting in a less than complete
replication of the MLM Index™ and the MLM Commodity Long/Short
Index™. As outlined in the offering for the Trust, it is best to
remember that all the assets invested are at a risk of loss.
Since the
calculation of the VAR does not look at the specific instrument risks, but
rather the results of the MLM Index™ and the MLM Commodity Long/Short Index™ as
a whole, risks related to actual execution are not included in the
calculation. For example, counter-party risks from OTC transactions
are not and cannot be factored into the calculation.
Additional
market risk may be attributed to the actual execution of the orders for the
Trust. The Trust executes the majority of its orders on the last day
of each month. As assets of the Trust grow, large orders may be
placed in periods of reduced liquidity. Such orders may move the
markets in which they are executed, adversely affecting the performance of the
Trust. The Manager makes every effort to execute all orders
efficiently, but general levels of liquidity are beyond its
control. In certain circumstances, markets may move to the daily
trading limits imposed by the exchanges, and the Trust may be unable to execute
the necessary orders to replicate the MLM Index™ and the MLM Commodity
Long/Short Index™, causing a divergence of performance between the Trust and the
MLM Index™ and the MLM Commodity Long/Short Index™, known as
“slippage”.
Item 4.
|
Controls
and Procedures.
|
The
President and the Chief Operating Officer of the Manager (collectively the
“Certifying Officers”) maintain a system of disclosure controls and procedures
that is designed to provide reasonable assurance that information, which is
required to be disclosed, is accumulated and communicated to management in a
timely manner. The Certifying Officers have concluded that the
disclosure controls and procedures are effective at the “reasonable assurance”
level. As of September 30, 2009, the Certifying Officers evaluated
the effectiveness of the design and operation of the disclosure controls and
procedures (as defined in Rule [13a-15(e)/15d-15(e)] under the Exchange
Act). Furthermore, the Certifying Officers concluded that disclosure
controls and procedures in place were designed to ensure that information
required to be disclosed in reports that are filed or submitted under the
Exchange Act are (i) recorded, processed, summarized and reported on a timely
basis in accordance with Commission rules and regulations; and (ii) accumulated
and communicated to the Certifying Officers and other persons that perform
similar functions, if any, to allow them to make timely decisions regarding
required disclosure in periodic filings. There have been no
significant changes in the Trust’s internal control over financial reporting in
the quarter ended September 30, 2009 that has materially affected or is
reasonably likely to materially affect the Trust’s internal control over
financial reporting.
Part
II. OTHER INFORMATION
Item 1.
|
Legal
Proceedings.
|
The
Manager is not aware of any proceedings threatened or pending against the Trust
and its affiliates which, if determined adversely, would have a material adverse
effect on the financial condition or results of operations of the
Trust.
Item 1a.
|
Risk
Factors.
|
None.
Item 2.
|
Unregistered
Sales of Equity Securities and Use of
Proceeds.
|
Leveraged
Series
|
Unleveraged
Series
|
Commodity
Unleveraged Series
|
||||||||||||||||||||||||||||||||||
Class
A
|
Class
B
|
Class
C
|
Class
D
|
Class
A
|
Class
B
|
Class
C
|
Class
D
|
Class
D
|
||||||||||||||||||||||||||||
Jul-09
Subscriptions
|
$ | - | $ | 109,816 | $ | - | $ | 515.000 | $ | - | $ | 109,816 | $ | - | $ | 600,000 | $ | 3,000,000 | ||||||||||||||||||
Subscriptions
Units
|
- | 1,104.19 | - | 5,141 | - | 882.08 | - | 5,408.17 | 30,000 | |||||||||||||||||||||||||||
#
of Purchasers
|
- | 2 | - | 5 | - | 2 | - | 6 | 1 | |||||||||||||||||||||||||||
Unit
Price
|
$ | 85.59 | $ | 98.95 | $ | 80.82 | $ | 100.17 | $ | 111.54 | $ | 123.87 | $ | 108.85 | $ | 110.94 | $ | 100.00 | ||||||||||||||||||
Aug-09
Subscriptions
|
$ | - | $ | 4,454.90 | $ | - | $ | - | $ | - | $ | - | $ | - | $ | 1,380,000 | $ | - | ||||||||||||||||||
Subscriptions
Units
|
- | 42.35 | - | - | - | - | - | 12,185.46 | - | |||||||||||||||||||||||||||
#
of Purchasers
|
- | 2 | - | - | - | - | - | 6 | - | |||||||||||||||||||||||||||
Unit
Price
|
$ | 90.88 | $ | 105.19 | $ | 85.92 | $ | 106.55 | $ | 113.72 | $ | 126.40 | $ | 111.07 | $ | 113.24 | $ | 108.53 | ||||||||||||||||||
Sep-09
Subscriptions
|
$ | - | $ | 138,588 | $ | - | $ | 175,000 | $ | - | $ | 33,188 | $ | - | $ | 80,000 | $ | - | ||||||||||||||||||
Subscriptions
Units
|
- | 1,288 | - | 1,613.15 | - | 259.87 | - | 702.41 | - | |||||||||||||||||||||||||||
#
of Purchasers
|
- | 3 | - | 2 | - | 2 | - | 2 | - | |||||||||||||||||||||||||||
Unit
Price
|
$ | 92.35 | $ | 107.02 | $ | 87.43 | $ | 108.48 | $ | 114.25 | $ | 127.07 | $ | 111.65 | $ | 113.89 | $ | 106.90 |
Item 3.
|
Defaults
Upon Senior Securities.
|
None.
Item 4.
|
Submission
of Matters to Vote of Security
Holders.
|
None.
Item 5.
|
Other
Information.
|
The
Commodity Long/Short Unleveraged Series was established by the Trust in May 2007
and received its first subscription for $3,000,000 in July 2009. The
Series is one of among three Series that comprises the Trust and has been
incorporated into this 10Q filing.
Item 6.
|
Exhibits
and Reports of Form 8-K.
|
(a)
Reports on Form 8-K
NONE.
(b)
Exhibits
|
Certification
of President of the Manager Pursuant to Rule 13A-14(a) and Rule 15D-14(a),
of the Securities Exchange Act, as
amended.
|
|
Certification
of Chief Operating Officer of the Manager Pursuant to Rule 13A-14(a) and
Rule 15D-14(a), of the Securities Exchange Act, as
amended.
|
|
Certification
of President of the Manager Pursuant to 18 U.S.C. Section 1350, as adopted
Pursuant to Section 906 of the Sarbanes-Oxley Act of
2002
|
|
Certification
of Chief Operating Officer of the Manager Pursuant to 18 U.S.C. Section
1350, as adopted Pursuant to Section 906 of the Sarbanes-Oxley Act of
2002
|
Pursuant
to the requirements of the Securities Exchange Act of 1934, the registrant
has duly caused this report to be signed on its behalf by the undersigned
thereunto duly authorized.
MLM
INDEX™ FUND
|
||
By:
|
Mount
Lucas Management Corporation
|
|
Its:
|
Manager
|
|
By:
|
/s/
Timothy J. Rudderow
|
|
Timothy
J. Rudderow, President
|
Date:
November 10, 2009
27